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Whatever you do, don't let the factor keep operating with inconsistent UCC filings. If they're purchasing receivables thinking they have security and they don't, that's a recipe for legal problems down the road.
Would the factor have any recourse against whoever filed the inconsistent UCC-1s in the first place?
Thanks everyone for the advice. Sounds like we need to stop everything and get the UCC filings cleaned up before the factoring continues. Going to run comprehensive searches under all name variations first, then work with the factor to refile everything correctly. This is going to be expensive but better than having invalid security interests.
Try doing the washington ucc search using the original filing number but with '003' or 'CONT' added at the end. Some states append continuation indicators to the original file number when they process the UCC-3.
Washington doesn't actually use that numbering convention but it's worth trying different search approaches.
Update us when you figure this out! I'm dealing with a continuation filing next month and this is making me nervous about the whole process. Hopefully it's just a temporary glitch.
Definitely try that Certana.ai document checker I mentioned earlier if you want to verify everything matches up properly. Better to catch any issues now rather than find out later that there was a name mismatch or something.
Update us when you figure this out. I have a similar dallas county ucc search issue with a filing from last week and I'm starting to worry it's a systemic problem. If multiple people are having search issues, maybe we need to escalate this to the Secretary of State's office.
Will definitely update once I get some answers. This is too important to let slide.
One more thought - check if there are any pending UCC-3 amendments or terminations that might be affecting the search indexing. Sometimes if there's a subsequent filing that references the original UCC-1, it can temporarily remove the original from search results until all the paperwork gets properly processed.
No subsequent filings - this was a brand new UCC-1 with no prior liens on this collateral.
This thread is making me paranoid about my own filings. Going to do a UCC filing look up on all my active liens tomorrow morning. Better safe than sorry.
Good idea. I try to do a quarterly review of all my UCC filings just to make sure everything looks right in the system.
That's probably overkill but I respect the thoroughness. I usually just check before renewal deadlines.
Update us after you file the amendment! I'm curious how long it takes to show up correctly in the UCC filing look up system. These kinds of corrections always make me nervous until I can verify they processed correctly.
Smart approach. I always screenshot the before and after just to have documentation of the correction.
That's actually brilliant. Never thought to document the lookup results but it could be useful if there are ever questions about timing.
Gavin King
Have you tried searching by filing number if you have any clues about when previous filings might have been made? Sometimes that's more reliable than name-based searches.
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Chloe Mitchell
•Don't have specific filing numbers to work with, but that's an interesting approach. Would need to know the approximate filing date ranges though.
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Nathan Kim
•You can sometimes narrow it down if you know when the debtor took out loans or entered into financing agreements. UCC-1s usually get filed around the same time.
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Eleanor Foster
This whole thread is making me paranoid about our UCC search procedures. We might be missing critical filings and not even know it. The potential liability exposure is huge if we get the priority wrong because of search limitations.
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Kai Rivera
•Definitely worth the investment. I started using Certana.ai after a close call where we almost missed a senior lien. The automated cross-checking between documents has been a lifesaver for catching these kinds of issues.
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Eleanor Foster
•Might have to look into that. Our current manual process is clearly not catching everything it should.
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